Property Purchase 655 Gillespie, Gary A. Anderson
Prepared by: Barry A. Undahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Gary A. Anderson (Seller):
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lot 2 of Lot 1 of Lot 8 in Gillespie's Subdivision of Mineral Lot 361 in
the City of Dubuque, Iowa, according to the recorded plat thereof
(the Real Estate) together with any easements and appurtenant seNient estates, but
subject to the following: a. any zoning and other ordinances; b. any covenants of record;
c. any easements of record for public utilities, roads and highways designated the Real
Estate.
2. PRICE. The purchase price shall be $ 155,000.00, payable at the Office of the
City Attomey, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $150,000.00 cash
at closing; balance upon surrender of possession.
3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable
in prior years. Taxes for the current fiscal year shall be prorated to the date of possession.
4. SPECIAL ASSESSMENTS. Not applicable.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. CLOSING. If Buyer timely performs all obligations, title to the Real Estate shall
be delivered to Buyer on July 1, 2006, or such other date as the parties agree, with any
adjustments of rent, insurance, and interest to be made as of the date of closing.
8. FIXTURES. Not applicable.
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price
may be used to pay taxes and other liens and to acquire outstanding interests, if any, of
others.
10. ABSTRACT AND TITLE. Seller, at Buyer's expense, shall promptly obtain an
abstract of title to the Real Estate continued through the date of acceptance of this offer,
and deliver it to Buyer for examination. It shall show merchantable title in Seller
inconformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyer when the purchase
price is paid in full. Buyer shall pay the costs of any additional necessary abstracting and
title work.
11. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer, by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 .d. Any general warranties of title
shall extend only to the time of acceptance of this offer, with special warranties as to acts
of Seller continuing up to time of delivery of the deed.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. Not applicable.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder
immediately preceding acceptance of this offer, executes this contract only for the
purpose of relinquishing all rights of dower, homestead and distributive shares or
incompliance with Section 561.13 of the Iowa Code and agrees to execute the deed or
real estate contract for this purpose.
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. REMEDIES OF THE PARTIES
a. If Buyer fails to timely perform this contract, Seller may forfeit it as
provided in the Iowa Code, and all payments made shall be forfeited or,
at Seller's option, upon thirty days written notice of intention to
accelerate the payment of the entire balance because of such failure
(during which thirty days such failure is not corrected) Seller may
declare the entire balance immediately due and payable. Thereafter this
contract may be foreclosed in equity and the Court may appoint a
receiver.
b. If Seller fails to timely perform this contract, Buyer has the right to
have all payments made returned to them.
c. Buyer and Seller also are entitled to utilize any and all other remedies
or actions at law or in equity available to them and shall be entitled to
obtain judgment for costs and attorney fees as permitted by law.
16. STATEMENT AS TO LIENS. Not Applicable.
17. SUBSEQUENT CONTRACT. Not Applicable.
18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
contract is not so approved, it shall be void.
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
20. CONSTRUCTION. Words and phrases shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender, according to the context.
21. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before
5:00 p.m., May 4, 2006, it shall become void and all payments shall be repaid to the
Buyer.
22. OTHER PROVISIONS.
a. Seller warrants that there are no tenants on the Real Estate holding under
lease or any other arrangements.
b. This Offer to Buyer Real Estate and Acceptance is subject to final approval
by the City of Dubuque City Council.
c. Buyer agrees to lease the Real Estate to Seller for ninety days without rent.
Seller agrees to deliver possession not later than ninety days after Closing,
otherwise the $5,000.00 balance of purchase price shall be deemed forfeited.
Dated: 1\ ().. 'i 4, ZOO Co
CITY OF DUBUQUE, IOWA
THIS OFFER IS ACCEPTED
Dated: t;/ IJ-/O(.
Michael C. Van Milligen
City Manager
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Gary A. derson
By:
D~~~E
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MEMORANDUM
May 11 , 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Gary Anderson Property (655 Gillespie for 32nd Street
Detention Basin Project)
City Attorney Barry Lindahl is recommending approval of acquisition of the property at
655 Gillespie for $155,000 for the 32nd Street Detention Basin Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(lt1 (:;'/lll.L
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
BAR R Y A. L I N D A H L, E S
CITY ATTORNEY
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
May 5, 2006
Purchase of Gary Anderson Property (655 Gillespie for 32nd Street
Detention Basin Project)
RE:
Mike:
Mr. Anderson has accepted the City's offer to purchase his property at 655 Gillespie for
$155,000. The original Offer to Buy Real Estate and Acceptance signed by Mr.
Anderson is enclosed.
The purchase price is $155,000 payable as follows: $150,000 cash at closing and the
balance upon surrender of possession. The City agrees to allow the Anderson family to
remain in the home for 90 days after closing without rent. The Seller agrees to deliver
possession not later than 90 days after closing or the balance of the purchase price of
$5,000 is deemed forfeited.
I have also agreed to review Mr. Anderson's claimed relocation expenses and to
provide him with an explanation of expenses that are being denied. The relocation
expense issues, however, will not hold up the closing on the purchase.
I would request that the Offer to Buy Real Estate and Acceptance be submitted to the
City Council at the May 15, 2006 meeting for their consideration.
BAUls
Enclosure
cc: David Harris, Housing & Community Development Director
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Gary A. Anderson (Seller):
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lot 2 of Lot 1 of Lot 8 in Gillespie's Subdivision of Mineral Lot 361 in
the City of Dubuque, Iowa, according to the recorded plat thereof
(the Real Estate) together with any easements and appurtenant servient estates, but
subject to the following: a. any zoning and other ordinances; b. any covenants of record;
c. any easements of record for public utilities, roads and highways designated the Real
Estate.
2. PRICE. The purchase price shall be $ 155,000.00, payable at the Office of the
City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $150,000.00 cash
at closing; balance upon surrender of possession.
3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable
in prior years. Taxes for the current fiscal year shall be prorated to the date of possession.
4. SPECIAL ASSESSMENTS. Not applicable.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. CLOSING. If Buyer timely performs all obligations, title to the Real Estate shall
be delivered to Buyer on July 1, 2006, or such other date as the parties agree, with any
adjustments of rent, insurance, and interest to be made as of the date of closing.
8. FIXTURES. Not applicable.
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price
may be used to pay taxes and other liens and to acquire outstanding interests, if any, of
others.
10. ABSTRACT AND TITLE. Seller, at Buyer's expense, shall promptly obtain an
abstract of title to the Real Estate continued through the date of acceptance of this offer,
and deliver it to Buyer for examination. It shall show merchantable title in Seller
inconformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyer when the purchase
price is paid in full. Buyer shall pay the costs of any additional necessary abstracting and
title work.
11. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer, by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 .d. Any general warranties of title
shall extend only to the time of acceptance of this offer, with special warranties as to acts
of Seller continuing up to time of delivery of the deed.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. Not applicable.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder
immediately preceding acceptance of this offer, executes this contract only for the
purpose of relinquishing all rights of dower, homestead and distributive shares or
incompliance with Section 561.13 of the Iowa Code and agrees to execute the deed or
real estate contract for this purpose.
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. REMEDIES OF THE PARTIES
a. If Buyer fails to timely perform this contract, Seller may forfeit it as
provided in the Iowa Code, and all payments made shall be forfeited or,
at Seller's option, upon thirty days written notice of intention to
accelerate the payment of the entire balance because of such failure
(during which thirty days such failure is not corrected) Seller may
declare the entire balance immediately due and payable. Thereafter this
contract may be foreclosed in equity and the Court may appoint a
receiver.
b. If Seller fails to timely perform this contract, Buyer has the right to
have all payments made returned to them.
c. Buyer and Seller also are entitled to utilize any and all other remedies
or actions at law or in equity available to them and shall be entitled to
obtain judgment for costs and attorney fees as permitted by law.
16. STATEMENT AS TO LIENS. Not Applicable.
17. SUBSEQUENT CONTRACT. Not Applicable.
. .'
18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
contract is not so approved, it shall be void.
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
20. CONSTRUCTION. Words and phrases shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender, according to the context.
21. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before
5:00 p.m., May 4, 2006, it shall become void and all payments shall be repaid to the
Buyer.
22. OTHER PROVISIONS.
a. Seller warrants that there are no tenants on the Real Estate holding under
lease or any other arrangements.
b. This Offer to Buyer Real Estate and Acceptance is subject to final approval
by the City of Dubuque City Council.
c. Buyer agrees to lease the Real Estate to Seller for ninety days without rent.
Seller agrees to deliver possession not later than ninety days after Closing,
otherwise the $5,000.00 balance of purchase price shall be deemed forfeited.
Dated: f\{)..'i 4 ,z.oO<:o
CITY OF DUBUQUE, IOWA
THIS OFFER IS ACCEPTED
Dated: t;/ '1-/0(.
By:
()/J. /1' (/ fh f/
! (f v ii 17 lIt __________
Michael C. Van Milligen
City Manager
~QC~~
Gary A. derson